A.
The Mayor, with the advice and consent of the Board of Aldermen,
at the first meeting after each annual City election shall appoint
a suitable person as City Attorney who shall hold office until his/her
successor is appointed and qualified.
B.
Qualifications. No person shall be appointed to the office of City
Attorney unless he/she be a licensed and practicing attorney at law
in this State.
[CC 1986 § 21.420]
A.
The City Attorney shall, in addition to his/her other duties which
are or may be required by this Code or other ordinance, when ordered
by the Mayor or Board of Aldermen to do so, to prosecute or defend
all suits and actions originating or pending in any court of this
state, to which the City is a party, or in which the City is interested.
1.
It shall be the duty of the City Attorney to prosecute all persons
charged with a violation of this Code or other ordinance of the City,
when the same be a contested case.
2.
The City Attorney shall make, and he/she is hereby authorized
and empowered to make, affidavits on behalf of the City in all cases
where the same may be necessary in taking an appeal or change of venue
or any other matter necessary to proper legal proceedings.
3.
The City Attorney shall give his/her opinion to all City officials
when authorized by the Board of Aldermen to do so.
[CC 1986 § 21.430]
A.
The City Attorney shall attend all meetings of the Board of Aldermen
unless excused by the Mayor or a majority of the Board of Aldermen.
Any member of the Board of Aldermen may at any time call upon the
City Attorney for an oral or written opinion to decide any question
of law, but not to decide upon any parliamentary rules or to resolve
any dispute over the propriety of proposed legislative action.
1.
The City Attorney shall report to the Board of Aldermen the
condition of any matters pending or unsettled in the City municipal
court, or any other proceeding pending in any other court of which
he/she may have charge under orders of the Mayor or Board of Aldermen.
[CC 1986 § 21.440]
In case of absence, sickness or other inability of the City
Attorney to attend court, or when, before assuming his/her official
duties, he/she shall have been counsel adverse to the City, he/she
shall inform the Mayor thereof, in writing, and the Mayor shall appoint
some other attorney to represent the City in such cases, or during
temporary absence, sickness or inability. Should the City Attorney
fail, neglect, or refuse to give such notice, as above provided, and
the interests of the City in case of such failure, neglect or refusal,
need the immediate services of an attorney, then the Mayor may appoint
some other attorney to attend to such cases, who shall receive the
compensation allowed to the City Attorney for like services.
[CC 1986 § 21.450]
A.
The City Attorney shall be allowed compensation such as from time
to time shall be fixed by the Board of Aldermen.
B.
The City Attorney shall not receive compensation contingent upon
the outcome of any case in the municipal court.
1.
In the event of a case in which the City is interested being
tried in any circuit court, supreme court or court of appeal, then
the Board of Aldermen shall allow the City Attorney the usual and
customary fees and necessary expenses allowed in like or similar cases.
2.
In addition to his/her compensation, the City Attorney shall
be reimbursed for unusual postage, recording and court fees advanced,
and any other unusual expenses paid for or advanced by the City Attorney
in behalf of the City on City business other than usual office expense.
